Overview
Title
To amend the Federal Funding Accountability and Transparency Act of 2006 to require recipients of Federal awards to collect and report data relating to subawards granted to entities outside of the United States, and for other purposes.
ELI5 AI
H.R. 9090 wants people who get money from the government to tell where they send some of that money in other countries, especially if those places might not be friendly to the U.S. This helps everyone see where the money is going and makes sure it’s used wisely.
Summary AI
H.R. 9090, also known as the “Tracking Receipts to Adversarial Countries for Knowledge of Spending Act” or the “TRACKS Act,” aims to amend the Federal Funding Accountability and Transparency Act of 2006. It requires recipients of federal awards to report and collect data about any subawards given to entities outside of the United States, specifically focusing on subawards to entities in foreign countries of concern. The bill outlines the definitions for subawards and establishes guidelines for reporting this information to ensure transparency in government spending. The Director is tasked with providing guidance on how agencies and recipients should comply with these reporting requirements.
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AnalysisAI
General Summary of the Bill
The proposed bill, formally known as the Tracking Receipts to Adversarial Countries for Knowledge of Spending Act or the "TRACKS Act," seeks to amend the Federal Funding Accountability and Transparency Act of 2006. The main focus of this amendment is to require recipients of federal awards to collect and report data for any subawards granted to entities outside of the United States, specifically highlighting those given to "foreign countries of concern."
Summary of Significant Issues
One of the significant issues identified is the reliance on a reference to an external document for defining "foreign countries of concern." This reference is from the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which may not be easily accessible or understandable to the general public. This lack of clarity can lead to confusion about which foreign countries are considered a concern under this legislation.
Furthermore, the bill mandates that the Director issue guidelines to ensure standardized reporting of these foreign subawards within 90 days of the act's enactment. Critics point out that this brief period may result in rushed or inadequate guidelines, potentially affecting the consistency and efficiency of implementation.
Finally, the use of complex language and the presence of multiple nested references can be daunting for individuals and entities not accustomed to legislative documents. This complexity might make it difficult for stakeholders to fully understand their responsibilities or the act's implications.
Impact on the Public
For the general public, this bill emphasizes increased transparency in how federal funds are distributed internationally. By requiring detailed reporting on subawards to foreign entities, taxpayers can have a clearer understanding of where and how federal funds are being utilized abroad, especially in areas deemed as "foreign countries of concern."
Although the act could lead to enhanced awareness of international financial activities, it also brings the challenge of understanding complex and potentially inaccessible legislative documents. Public comprehension of which countries are classified as concerning and the reasons behind these classifications could benefit from further clarification.
Impact on Specific Stakeholders
Federal Award Recipients: For organizations and entities that receive federal awards, this bill introduces additional reporting responsibilities. Compiling and reporting this data efficiently and accurately might necessitate additional resources and could be challenging under time constraints.
Government Agencies: Agencies responsible for providing oversight will have to ensure recipients comply with these new standards. The tight deadline for establishing guidelines could strain resources and affect the quality of oversight.
Foreign Entities in Countries of Concern: These entities may become subject to increased scrutiny, potentially affecting their ability to receive subawards. This can also impact international relations and the willingness of U.S.-based organizations to engage in collaborations with entities in those countries.
The TRACKS Act, if implemented effectively, could provide a robust framework for ensuring accountability and transparency in international financial engagements involving federal awards. However, addressing the noted issues would be paramount to its successful adoption and operation.
Issues
The definition of 'foreign country of concern' in Section 2 relies on an external document (15 U.S.C. 4651), which may not be readily accessible to all readers. This could lead to ambiguity and makes it difficult for the public and stakeholders to understand the countries that might be affected by this legislation. Clarification or inclusion of relevant details within the bill could aid transparency.
The 90-day deadline for the Director to issue guidance as specified in Section 2 might be too short to effectively establish new standards and ensure compliance across myriad agencies. This could lead to rushed or inadequate guidelines, affecting the law's implementation and compromising its effectiveness.
The use of complex language and multiple nested references in Section 2 may hinder understanding for those not familiar with legislative documents. This complexity could lead to misinterpretation or difficulty in compliance, particularly for those in charge of implementing these requirements at various agencies and recipient entities.
Section 1, titled "Short title", does not provide sufficient information about the purpose or content of the Act, potentially leading to confusion about its scope and focus. The acronym 'TRACKS Act' indicates tracking but doesn't inform about the focus on adversarial countries or the specific nature of the subawards, which might mislead stakeholders about the bill's goals.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the TRACKS Act states that the official short title of the legislation is the “Tracking Receipts to Adversarial Countries for Knowledge of Spending Act.”
2. Foreign subawards Read Opens in new tab
Summary AI
The amendments to the Federal Funding Accountability and Transparency Act of 2006 define "subaward" and require that any subaward given to an entity in a foreign country of concern must be reported like other subawards. The Director will establish guidelines to ensure these reports are consistent and standardized within 90 days of the act's enactment.